Report Title:

Real Property; Soil Erosion and Sediment Control

 

Description:

Permits the department of land and natural resources to obtain a warrant and enter privately owned real property to mitigate hazards posed by potential rock, soil, or other slope movement, and to charge the owner for the cost of mitigating the hazard.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

985

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to real property.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 180C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§180C‑    Hazard abatement.  (a)  Whenever the department of land and natural resources determines that any potential rock, soil, or other slope movement is or will become a hazard to life and limb, endangers property, or adversely affects the safety, use, or stability of public lands, the department shall:

     (1)  Notify the owner of the real property upon which the hazard exists, or other agent in control of the real property, in writing; or

     (2)  If the hazard exists on public lands, notify the owners of any real property adjoining the public lands, in writing.

     (b)  An owner who receives written notice pursuant to subsection (a)(1) shall take immediate measures to mitigate the hazard within a reasonable period of time as determined by the department or permit the department to mitigate the hazard.

     (c)  If an owner fails to mitigate a hazard pursuant to subsection (b), the department may obtain a warrant and enter the property to mitigate the hazard.

     (d)  If the department mitigates the hazard pursuant to subsections (b) or (c), the owner shall be liable for all costs associated with mitigating the hazard, including administrative costs and attorney's fees.

     (e)  The department may set, charge, and collect administrative fines and bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs, and payment for the cost to mitigate any hazard resulting from a violation of subsection (b).

     (f)  The department shall adopt rules pursuant to chapter 91 necessary for the purpose of this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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